Company secretarial services

As a director of a company, you have a legal liability to ensure that the company meets certain obligations. Non-compliance will lead to severe penalties.

This reason, in addition to many others, is why company secretarial services are so important for your business.

Why is company secretarial important for your business?

Creating and maintaining company registers, making important filings at Companies House within the given time limit, are just some of the many companies secretarial duties that you ought to carry out.

Neglecting them may land you in deep trouble as organisational compliance is becoming imperative with each passing day.

Many factors play a crucial role here; factors like the company’s structure, the complexity of it, the time and resources available for you.

People rely on company secretaries every day for advice and support, and this position is the key to having a well-functioning company.

Extensive and unparalleled company secretarial experience

At CloudCo Accountancy Group, our company secretarial team provides a full range of comprehensive outsourced company secretarial services to small, medium, and large-scale businesses.

Our team can offer secretarial support for everything from statutory registers, transactional support to solicitors, to the essential and main company secretarial team duties expected of both secretaries and accountants.

What are company secretarial services?

Company secretarial services are essentially the appointment of an official board member or officer who takes on a number of the directors of ministry and compliance duties.

Company secretaries are mandatory for public companies, and although not legally required for private companies, many private companies will choose to appoint company secretaries anyway due to the assistance they provide.

The role is somewhat difficult to define specifically, but broadly speaking, this role within a company can be thought of as an advisory role for senior managers in terms of core governance and other legislative issues that are important to any organisation.

But there are many prerequisites and distinctions between the role and how it can be assigned and governed based upon specific roles and terminology.

For example, a sole director may not be the secretary. You must give notice of the appointment of a company secretary to the Registrar of Companies online on form AP03 for the appointment of a company secretary or form AP04 for the appointment of a corporate secretary.

Lets take a closer look at how this works.

Company secretarial changes

You must also give notice of the appointment of a new company secretary online on either form AP01 or AP02 within 14 days of the change.

Notice of resignation of the outgoing secretary has to be made online on form TM02. Changes of any particulars are made online on form CH03 for a company secretary or form CH04 to register a change of corporate secretary’s details.

Statutory registers

A register containing the secretary’s name and address must be kept at the company’s registered office.

Duties

The company secretary should maintain the company’s statutory books:

• Register of members.
• Register of directors and secretary.
• Register of application and allotments and return of allotments.
• Registers of transfer of shares, debenture holders, and charges.
• Register of material share interests.

The company secretary should keep the company seal, share certificates, letters of allotment, the Memorandum and Articles of Association, and the Certificate of Incorporation. He or she should also arrange and provide notice for company meetings, the Annual General Meeting, and directors’ meetings.

The company secretary, as an officer of the company, is liable, together with the directors, for default fines and other penalties provided by the Companies Act.

Additionally, company secretaries are at the heart of any organisation they work within. The position is always presenting opportunities for knowledge and increased learning about the ins and outs of a company or a corporation. In short, they are a valuable tool to have in terms of both legalities and financial accuracy.

At CloudCo we offer company secretarial services such as:

Contractual liability

Where the company secretary enters into a contract on behalf of the company, he or she should make it clear that he or she does so as the company’s agent, thereby avoiding personal liability.

Annual account setup and preparation

Account setup and preparation throughout the year can also be managed by company secretarial support.

Appointment and Resignation registration of secretaries and directors

The company secretary can ensure that all appointments and resignations of employees are adequately handled and filed accordingly. Additionally, the same thereof can also apply to registration matters for secretaries and directors.

Preparation of confirmation statement

According to the Companies Act, a confirmation statement must be filed annually with Companies House. The company secretary can draft and prepare this statement and file the statement accordingly.

Preparation and filing of annual returns

Company secretarial support can assist in filing confirmation statements in addition to the filing of annual accounts.

Statutory Register Maintenance

It is required that all companies maintain up-to-date Statutory Registers and keep them at the Registered Office of the Company. Our team can provide these services to ensure your business remains in full compliance.

Reconstruct statutory books in electronic format

We can also ensure that electronic formats of Statutory Registers are also kept as a backup to print copies.

Ensure compliance with small business, enterprise, and employment (SBEE) act 2015

Our services will solely operate under full guidance and adherence to the SBEE Act of 2015, which saves you the headache of having to remember specific laws and regulations.

Companies house forms preparation and filing

Before you file with Companies House each year, razor-sharp precision must be given to the particular preparation needed for your company in order to file.

Our company secretarial services can:

• Get the address of the registered office changed.
• Change of Officers.
• Increases in share capital.
• Allotment or transfer of shares.
• Purchase own shares.
• Conduct share distribution/consolidation/re-designation.
• Get the changes in accounting reference dates made.
• Document preparation for an annual general meeting.
• Handle articles of association for each registered office address.
• Preparation of notice of meetings take minutes of the meeting.
• Act as your company secretary (if required).
• Provide a registered office address to your company (if required).
• Provide telephone support concerning company secretarial matters.
• Make changes in the name.
• Offer transactional support to solicitors.
• Offer consultation services for corporate governance.

FAQs

Is a company secretary mandatory?

All public companies will need to have a company secretary. Although it is no longer a legal requirement, private limited companies still choose to hire a company secretary.

The company secretary can handle all of the shareholder, administrative, and communication for statutory compliance and corporate governance. The role this position plays can be a valuable asset to your company and their services can create a bridge between compliance with the government and the public and transactional aims of your business.

What qualifications does a company secretary need?

Although not required, many company secretaries are chartered secretaries, and this is similar to a chartered accountant. Many choose to receive a masters in governance if they want the most prestigious of qualifications, and will attain rank as an associate and eventually a fellow typically over the course of 10 years or so.

Essentially, rather with a qualification or not, the company secretary needs to have a certain authority when it comes to matters of governance and compliance. This position provides a lot of oversight for large and influential financial decisions, so the more qualified the secretary is, the better.

Are company secretaries essential to overall corporate governance?

Yes, when it comes to corporate governing, this role is absolutely crucial. The secretary will provide both legal oversight and compliance in addition to secretarial service for the board of directors.

This position is also key to ensuring that shareholders and overall financial and capital maintenance are properly managed and reconciled based on the decisions made at the top level.

Contact CloudCo today for all your company secretarial services

When it comes to company secretarial support, many believe that these matters are best entrusted to experts. For thorough support with company secretarial duties suiting your requirements, you can always take assistance from our team.

You can rest assured of our extensive and unparalleled experience in this subject. Furthermore, having a strong corporate governance structure can help in better decision-making and the improvement of company function.

At CloudCo, we strive to ensure this guarantee every step of the way.

Contact us today at 01908 041755 or fill out this quick contact form to better discuss your needs.

About the author

Sumit Agarwal
Sumit Agarwal (ACMA ACA India), the Managing partner of dns accountants is a highly respected accountant with expertise in helping owner-managed businesses.